Ethics opinion says governor's girlfriend can fly on state planes

Updated 10:03 pm, Friday, April 12, 2013

The governor's girlfriend is welcome to fly at taxpayer expense when he's using the state aircraft for state business, a new opinion by the Joint Commission on Public Ethics said.

And minors who are friends of his daughters are also approved.

In a fresh interpretation, the commission defined the first family to include a governor's "domestic partner."

The commission issued an advisory ruling, dated March 28 and posted it on the JCOPE website on Thursday. It defines the governor's family as his children — including those who are adopted or stepchildren — as well as his spouse or, in Gov. Andrew Cuomo's case, TV celebrity, chef and author Sandra Lee.

Cuomo shares a home with Lee in Westchester County.

The definition came in a response to a series of questions asked in January by the governor's council, Mylan Denerstein, about the governor's trips aboard state aircraft from Westchester County to Albany and other destinations.

By defining the family of the governor to include a live-in friend, the commission answered a question Denerstein didn't specifically ask. John Milgrim, a spokesman for JCOPE, said the commission used the existing definition of "immediate family" that had been used by the previous ethics commission.

The governor's aides say Lee has not been on the state plane, and they do not expect that to happen.

On one occasion in the governor's first year of office, a youngster who is a friend of one of the three Cuomo girls joined the family on a trip. The governor reimbursed the state $1,200 for the flight, although the advisory opinion suggests that was unnecessary since the governor said that trip was for bona fide state business.

Denerstein wrote to JCOPE Chairwoman Janet DiFiore wondering if Cuomo could use the state aircraft for trips between his home and locations other than his official work sites in New York City and Albany. She also wanted to know if it was all right for the governor to commute on state planes between his official work sites and his Westchester County residence. And she inquired if a one-way trip ending in New York City freed the governor to attend non-governmental events after his state work in New York City ended without having to reimburse the state for travel.

State policy calls for public officials to use state aircraft only if they have state business at a destination, but allows for private or personal events to occur at that location as well. Reimbursement — based on the cost of charter flights for the same route — is required for the portion of the trip that does not involve state affairs.

Melissa DeRosa, the governor's communications director, said Cuomo has not used the plane for anything other than state business. She said he did not go to fundraisers or political events following one-way trips to New York City that were for state business.

"Permitting the first family to accompany the governor on state aircraft when he is traveling for a bona fide state purpose does not run afoul of the Public Officers Law," JCOPE said. "It is well recognized that members of the first family receive, along with the governor, certain services and amenities that accompany the state office. By way of example, the first family may be protected ... and may receive security when traveling. Additionally, the first family may live with the governor in the Executive Mansion without raising Public Officers Law concerns."

The governor used the state plane 88 times in 2011 and 63 times in 2012, compared with 121 times for his predecessor, Gov. David Paterson in 2010, Denerstein said. She also said Cuomo uses the mansion in Albany frequently: 149 nights during the past two years.